California Medical Malpractice Legal Questions

You will have a hard time finding an attorney to take on the case because of the issue of financial viability. Malpractice cases are damages driven. Articles below explain this in more detail. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for more information about me. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.    ... Read Answer

Unfortunately, a length variance of up to an inch is considered an acceptable outcome and does not normally give rise to a legal claim.  It is quite difficult to bring any claim for medical malpractice in California as most attorneys have stopped taking all but the clearest of claims and a half inch is not considered below the standard of care.  Most medical malpractice cases in this state end in favor of the doctor (86%) and when there is a recovery the damages can be so limited it just makes them too difficult to pursue.... Read Answer

Based on your description I think there is certainly a basis for an attorney to look into this further.  Normally we would need to obtain the records from the medical center and run them by an orthopedic surgeon to determine whether malpractice has been committted.  There are very short limitations for medical malpractice claims so I would encourage you to get a consult with an attorney as soon as possible.  Delay could be fatal to any claim you might have.... Read Answer

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. Click here, for more information about me. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.    ... Read Answer

I am terribly sorry to hear about the death of your 19 year old daughter. I would like to help you as much as possible. I have a few follow up questions to determine the extent of your case. When you left the hospital, did any nurse or doctor give you any discharge instructions for what signs and symptoms you should be looking for just in case you needed to bring her back to the hospital? Also, how much antibiotics did they give your daughter?    Please email me at aric@aricwilliamslaw.com so we can discuss this further. ... Read Answer

Pressure sores are never events, and most of the time they should not happen if care is within accepted standards.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  Consider contacting a malpractice attorney who also litigates nursing home negligent cases, because these lawyers know allot about pressure sores. Malpractice lawyers take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

Generally speaking, trigeminal nerve injuries are considered an accepted complication of wisdom tooth extraction. To know whether your case falls under that category, however, an attorney would have to look at the medical records.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct. In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Because I am an attorney, when I write to people about legal matters I have to insert language to cover my rear-end and say things that are usually already pretty obvious. This is not because I think you are stupid, it is because lawyers are held to a higher standard than most people when they are providing explanations about legal issues and are easily criticized for being misleading when less than clear. So, please understand that I am not acting as your attorney, I am not doing anything to protect any legal rights that you have and you should not consider this email as legal advice. If you have questions and want to investigate a case, you should contact an attorney in your state. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.... Read Answer

When lung cancer invades the nerves, it may cause shoulder pain that travels down the outside of the arm (called Pancoast syndrome).  The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Sounds like the doctor violated your the Health Information Privacy Laws (HIPAA).   For more information on HIPAA laws, violations and how to file a complaint, visit:  http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html NOTE:  This response is general in nature and should not be considered legal advice.  No attorney client relationship exists or is formed by this response.  ... Read Answer

Answered by New Jersey Medical Malpractice Attorney John Ratkowitz. The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. As I read your question, the delay in diagnosis was a month. If that is true, I question whether you will be able to prove proximate cause.  If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

It does sound like the removal of the brace preciptitated the problem, but it is hard to understand how merely removing the brace would result in displacing all of those screws. There should be post-op orders from the ortho spelling out the protocols with respect to the brace, so if the therapists violated orders it should be pretty easy to prove. I think there are other questions, however, given the comprehensive nature of the surery failure.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

I do not think you have a viable case if the surgery obviated the problem, because two years of pain and suffering probably do not make a financially viable case. The articles linked below discuss this in more detail. Beyond this, under the law you have a duty to mitigate your damages, so a big question will be why you didn't take steps to follow up and get the MRI when the first physician failed to follow through.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Sternal dehiscence can occur in the absence of negligence, but the failure to timely diagnose and treat it might have been negligence. I think the big question in the case is whether it is financially viable, because if you can mitigate the injury through another surgery, the case might be defensible on damages. If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Your inquiry is regarding what jurisdiction is proper for bringing a lawsuit against the hospital. The general rule under Code of Civil Procedure section 395(a) is that only two proper venues exist:  The county where the contract was entered into (obligation incurred) and the county of defendant’s residence.  Here the injury took place in Alameda County where the defendant hospital resides.  So, it will be proper to sue for your injuries in Alameda County. If you have further questions, please feel free to call. Mitch Abdallah (916) 446-1974... Read Answer

Dear  Kakesh, Failing to remove an unnecessary foreign object inside your wife after the birth would be a negligent act.  For the negligence to be actionable, however, the doctor and/or medical professional must have been the cause of an injury. Here, your wife had to receive medical attention to remove the surgical lab pad.  Moreover, she was in severe pain for 15 days. In my opinion, based on your narrative, you should consult with a lawyer to discuss your options. Mitch Abdallah (916) 446-1974... Read Answer

Obviously, making a patient wait for an evaluation until their appendix bursts is below accepted standards of care, but the question will be whether the case is financially viable. The articles linked below explain this in more detail.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.           Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

You may have a case.  We work in this area and would be happy to discuss your case with you and help you find a good attorney in California. You may reach me at the email or phone number below.  Nick Deets Nick Deets HOVDE DASSOW + DEETS, LLC Meridian Tower| 201 W. 103rd Street Suite 500| Indianapolis, IN  46290 Telephone:  (317) 818-3100| Facsimile:  (317) 818-3111 Email: ndeets@hovdelaw.com Website:  www.hovdelaw.com... Read Answer

If you are unhappy with your child's care provider, I recommend you look into switching providers.   If you believe that your childs HIPAA rights may have been violated, please visit:   http://www.hhs.gov/ocr/privacy/hipaa/complaints/  NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read Answer